JUDGMENT

G. C. Mathur, J. - A common question of law relating to the liability of the railway administration for damages in respect of short delivery of goods booked at railway risk but under defective packing arises in these two revisions and, therefore, they are being disposed of by one common judgment.

2. Civil Revision No. 1125 of 1965 arises out of Suit No. 26 of 1962 filed by the applicant for recovery of a sum of Rs. 465/- with interest for short delivery of several consignments of copper scrap. The forwarding notes in respect of these consignments showed that the packing was defective and was not in the manner prescribed in the Goods Tariff, Part I, which required articles like copper scrap to be packed as follows :

"Must be securely packed in strong double gunny, not patched or otherwise repaired, and securely stitched."

The forwarding notes showed that some of the bags used in the consignment, were old, used, weak and resewn. The consignments were booked and delivered some time in the year 1961 and the case is, therefore, governed by the Indian Railways Act, as it stood prior to the amendment which came into force from January 1, 1962, which will hereinafter be referred to